News & Analysis as of

Loper Bright Enterprises v Raimondo Statutory Interpretation

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

Verrill on

On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

Bradley Arant Boult Cummings LLP

Back to the Exemptions? Possible Changes to Home Health and Personal Care Worker Wage Regulations

Are home health and personal care workers eligible for overtime? That is a more complicated question than it first appears. In fact, it could be about to change again as certain providers of home health and personal care...more

K&L Gates LLP

Litigation Minute: A Year After Loper Bright: Lessons From a Legal Shake-Up

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What You Need to Know in a Minute or Less - In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,...more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

Alston & Bird

Eighth Circuit Applies Loper Bright in Zimmer Radio v. FCC: What It Means for Environmental Law

Alston & Bird on

The implications of the Supreme Court’s Loper Bright decision overruling Chevron deference are becoming clearer. Our Environment, Land Use & Natural Resources Group examines how the Eighth Circuit’s Zimmer decision paves the...more

Ballard Spahr LLP

ND District Court Invalidates Longstanding Debit Card Interchange Rule

Ballard Spahr LLP on

On August 6, 2025, in Corner Post, Inc. v Board of Governors of the Federal Reserve System, the U.S. District Court for the District of North Dakota (the “Court”) granted Corner Post’s motion for summary judgment, finding...more

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

Husch Blackwell LLP on

On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

Benesch

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

Benesch on

When is an employer liable for the harassment of an employee by a non-employee? The Sixth Circuit answered this question on Friday in Bivens v. Zep, Inc., holding that Title VII imposes liability for customer (or other...more

Hogan Lovells

FDA to rescind laboratory developed test rule

Hogan Lovells on

FDA decided to rescind the LDT rule after declining to appeal a district court decision vacating it. The rule reflected FDA’s latest attempt to regulate LDTs under the same framework as IVDs, which FDA considers medical...more

Davis Wright Tremaine LLP

California Supreme Court Dials Back Deference for Review of California Public Utilities Commission Decisions

In a recent decision, Center for Biological Diversity, Inc. v. Public Utilities Commission, the California Supreme Court unanimously rejected the "uniquely deferential" standard of review previously given to California Public...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

Are the days numbered for the U.S. Equal Employment Opportunity Commission’s (EEOC) ability to permit plaintiffs to eschew the administrative process by issuing Notice of Right to Sue letters “on request” prior to 180 days?...more

ArentFox Schiff

Engaging Congress in a Post-Chevron World and Preparing for Its September Return

ArentFox Schiff on

This fall, Congress is poised to consider and develop legislation differing in type and scope — from funding measures to reconciliation proposals....more

Benesch

Post Loper Bright, Courts Differ on How to Handle Skidmore

Benesch on

For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more

Blank Rome LLP

Supreme Shift: How McLaughlin is Reshaping the TCPA

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The legal landscape for businesses facing Telephone Consumer Protection Act (“TCPA”) claims may be undergoing a seismic shift. In the wake of the Supreme Court’s decision in McLaughlin Chiropractic Assocs., Inc. v. McKesson...more

Williams Mullen

Agencies Propose Revision to the Endangered Species Act “Harm” Definition

Williams Mullen on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively referred to as the “Agencies”) proposed on April 17, 2025, to remove the definition of “harm” under their respective...more

Williams Mullen

Environmental Notes - July 2025

Williams Mullen on

Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more

Womble Bond Dickinson

Pulling the Critical Block: EPA’s Repeal of the Endangerment Finding Could Topple Climate Rules

Womble Bond Dickinson on

On Tuesday, EPA proposed to repeal its 2009 Endangerment Finding (Repeal Proposal). That’s a big deal, with expansive implications. The 2009 Endangerment Finding determined six greenhouse gases (GHG) are air pollutants that...more

DLA Piper

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

DLA Piper on

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from...more

Mayer Brown

In Neurelis v. Brenner, The FDA’s “Indication-Specific” View of Orphan Exclusivity is (Again) Struck Down

Mayer Brown on

The legal battle over the scope of orphan drug exclusivity continues, as the U.S. Food and Drug Administration (“FDA”) has recently lost a second case concerning the exclusivity provisions of the Orphan Drug Act (“ODA”)....more

Pierce Atwood LLP

FCC 'Deletes' TCPA Regulations Following Supreme Court and Eleventh Circuit Rulings

Pierce Atwood LLP on

In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more

Wiley Rein LLP

Supreme Court’s McLaughlin Decision Creates Uncertainty for FCC Orders on the TCPA and Much More

Wiley Rein LLP on

The U.S. Supreme Court’s recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and...more

Venable LLP

The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson

Venable LLP on

The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. ...more

Eversheds Sutherland (US) LLP

Eighth Circuit vacates FTC’s “Click-to-Cancel” Rule in Custom Communications v. FTC

Just days before it was scheduled to take effect, the Federal Trade Commission’s (FTC) amended Negative Option Rule, commonly known as the “Click-to-Cancel” Rule (Rule), was vacated by the US Court of Appeals for the Eighth...more

Eversheds Sutherland (US) LLP

Tax Court holds final partnership adjustment untimely, invalidates conflicting regulation

On July 2, 2025, the Tax Court issued its unanimous reviewed opinion in JM Assets, LP v. Commissioner, 165 T.C. 1. It held that the Service did not timely issue a final partnership adjustment (FPA) to JM Assets, LP (JM...more

Littler

Third Circuit Affirms NLRB’s Totality of the Evidence Test in Finding that a Single Employee’s Conduct Constituted Protected...

Littler on

On June 23, 2025, in Miller Plastic Products Inc. v. National Labor Relations Board, the Third Circuit ruled that substantial evidence supported the Board’s determination that a single employee’s conduct was protected...more

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